What are the legal provisions for child custody?

In real life, many families have broken up, especially those with children. Parents are very concerned about the custody of their children. This behavior can easily cause serious trauma to the children's minds and is very detrimental to the healthy growth of children. Therefore, parents should not act on impulse and do things that are detrimental to their children. So what are the legal provisions for child custody?

First, what are the legal provisions for child custody? Article 36, Paragraph 3 of the Marriage Law of the People's Republic of China stipulates: After divorce, children in the breastfeeding period shall be raised by the breastfeeding mother in principle. For children after breastfeeding, if the two parties have a dispute over the issue of support and cannot reach an agreement, the People's Court shall make a judgment based on the rights and interests of the children and the specific circumstances of the two parties. Article 37, Paragraph 1 of the Marriage Law provides that: "After divorce, the necessary living expenses and education expenses of the children raised by one party shall be borne in part or in full by the other party. The amount of expenses to be borne and the length of the period shall be agreed upon by both parties. If no agreement is reached, the People's Court shall make a judgment."

Second, regarding the support of illegitimate children, all matters shall be handled in accordance with the provisions for legitimate children. Since your child is already two years old, if both parties cannot reach an agreement, they can only sue the court, and the court will make a judgment based on the actual situation of both parties and from the perspective of promoting the healthy growth of the child.

Third, factors that need to be considered in child support for divorced children are: the actual needs of the children. It is based on the actual living standards of the local area where the child is raised. It is the paying capacity of both parents. (1) Those with a fixed income. The judgment is based on a ratio of 20-30% of the total monthly income. For first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount is generally between 800 and 2,000 yuan per month. If a person is responsible for supporting more than two children, the proportion may be appropriately increased, but generally shall not exceed 50% of the total monthly income. (2) For those with high income. If the amount calculated according to the above ratio is higher than the above range, it can exceed the above range. If there are no special circumstances, it generally does not exceed 3,000 yuan/month. 3) For those with low income. If the amount calculated according to the above ratio is lower than the above range, if there are more other properties, the judgment may be made according to the above range instead of the above ratio, so as to protect the legitimate rights and interests of the children; if there are not many properties or no properties, the judgment may be made below the above range instead of according to the above ratio, taking into account the support capacity of the supporters, so as to ensure the minimum living standard of the children.

What are the legal provisions for child custody? For those with no income. Their property can be used to offset child support. In principle, if a parent is able to work, he or she should pay child support, because raising children is the obligation of parents, and they cannot be exempted from this obligation due to temporary lack of income. The minimum living standard of the children should be guaranteed. In special circumstances such as children suffering from serious illness or studying abroad (with the consent of both parties), the judgment may exceed the above range.